Court orders dissolution of Meru public service board

Meru County Public Service Board CEO Virginia Kawira (second left) and Chairman Kainga Mitu (centre) before the Senate Committee on National Cohesion, Equal Opportunity and Regional Integration on January 28, 2025. [Elvis Ogina, Standard]

The High Court in Meru has ordered the dissolution of the County Public Service Board for non-compliance with the two thirds gender rule.

Justice H.M Nyaga upheld the ruling by Justice Linus Kassan that the composition of the Meru County Public Service Board was unconstitutional as it failed the gender representation constitutional requirement.

Justice Kassan had given the board six months, from March 1, 2024, to comply with the two-thirds gender rule after he found that the composition of the board violated the provisions of Article 27(8) and 175(c) of the Constitution, on gender inclusivity.

"To ensure compliance of two thirds gender rule and in accordance to the judgment of this court, the board is hereby dissolved and the governor is supposed to appoint selection committee which will appoint another board that will comply with the Constitution," Justice Nyaga ruled.

The ruling follows a petition filed by Earnest Kimaita who questioned the legality of the board's composition.

The board members are Julius Mitu (Chairman), Justus Arithi, Hellen Nkirote, Martin Mutuma, Julius Gitonga, Mbaabu M'Inoti, and Virginia Miriti, the Secretary-cum CEO.

The court found that Justice Kassan's order for compliance was not implemented.

"The court found that the board as constituted failed to meet the constitutional threshold on gender representation," he said.

The board had until August 2024 to comply with the gender rule.

"As I stated the 3rd respondent (board) was supposed to have complied with the gender representation in six months effective from March 1, 2024. At present, there is no change in the composition of the board as of the time of judgment. That was the same position as at September 19, 2024," Justice Nyaga said.